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Karnataka HC order on medical test of rape victims: 'Doctors can't be callous'
Karnataka High Court orders sensitization of medical officers examining minor victims of sexual assault
The Karnataka High Court has ordered the Principal Secretary of the Health Department to issue a circular reiterating the duties of doctors who conduct medical examinations and write reports on sexual assault cases. The court noted instances in which doctors were callous while preparing a medical report on whether or not a minor victim had been sexually assaulted.
While hearing the bail plea of sexual assault accused Pradeep, who was arrested by Ramamurthy Nagar police under the POCSO Act and the IPC, Justice HP Sandesh noted that the prosecution had claimed that the victim was sexually assaulted on December 5, 2020, and that she was examined by a doctor two days later. However, the court noted that the doctor did not provide an opinion on whether she had been sexually assaulted or not. In the report, the doctor noted that there no injuries in external genitalia but failed to mention whether hymen was intact or not, whether she was subjected to sexual assault or not.
"No report is given regarding physical examination i.e., genital examination of the victim. The very purpose of subjecting the victim girl for medical examination is defeated since the doctor has not given the report. But he issues the Sexual Assault Certificate and no opinion is given... classic case of negligence on the part of the doctor," the Bench remarked.
In fact when the court asked the doctor, what does Sexual Assault Certificate mean, he kept quiet.
"This is one more classic case of negligence on the part of the doctor, who conducted the examination of the victim and not giving report and in a callous manner issuing Sexual Assault Certificate without any opinion and hence it is a fit case to direct the Principal Secretary, Health Department, to initiate the appropriate proceedings against the doctor, who had issued Sexual Assault Certificate," the Court said.
Expressing similar sentiments while rejecting the bail plea of another accused Thippeswamy, from Davanagere, the court directed the registry to request that the Health Secretary take action against the doctor in question.
